Jayant Bharat Shirsath vs The State Of Maharashtra And ...
2021 Latest Caselaw 16187 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                      1034 WRIT PETITION NO.12476 OF 2021

                          JAYANT BHARAT SHIRSATH
                                     VERSUS
                   THE STATE OF MAHARASHTRA AD OTHERS
                                        ...
                    Advocate for Petitioner : Mr. S.R. Barlinge
                    AGP for Respondents 1 to 4 : Mr. P.S. Patil
                                        ...

                                   CORAM : S.V. GANGAPURWALA &
                                           R.N. LADDHA, JJ.

DATED : 23/11/2021.

PER COURT :

. Mr. Barlinge, learned counsel for the petitioner submits

that since the year 2007 the validation proceeding is pending. It has

not been decided. The petitioner approached this Court. This Court

directed the Committee to decide the same within 9 months. The same

was not decided, however, in May 2021 directions were given to the

petitioner by the Committee to submit the caste certificate in form 'C'.

The same is also submitted in October, 2021. According to the learned

counsel, the petitioner is due for promotion to post of 'Police

Inspector'. The petitioner was promoted to the post of Assistant Police

Inspector after the order was passed by the Maharashtra

Administrative Tribunal. The learned counsel submits that the Division

Bench of this Court in Writ Petition No. 2136/2011 and other

WP No. 12476/21

connected writ petitions decided under judgment dated 25 th August,

2011 had held that clause 7 of the Government Resolution requiring to

produce the validity certificate before the appointment, though the

candidate is selected from the reserved post is totally unreasonbale.

The learned counsel submits that the petitioner be considered for the

promotional post of Police Inspector provisionally.

2. Mr. Patil, learned AGP submits that the petitioner has

submitted the caste certificate in form 'C' in October 2021. Earlier the

validation proceedings were disposed of and liberty was granted to the

petitioner to submit the certificate in form 'C'. The same is submitted

in October 2021. The Committee be directed to decide the proceeding

within three months. According to the learned counsel, the meeting of

Departmental Promotion Committee is to be held on 24.11.2021.

There are 759 posts of Police Inspector vacant.

3. We have considered the submissions.

4. It appears that the validation proceedings were pending

since the year 2007. In May 2021, the Committee has disposed of the

tribe claim of the petitioner on the ground that the caste certificate is

WP No. 12476/21

not in form 'C'. In so may cases, the Committee after a long slumber

has rejected the validation proceeding on the ground that caste

certificate is not in proper form. In fact the Committee while accepting

the proposal should scrutinize the certificate being issued in proper

form, so that, further delay can be avoided. In the present case as per

the facts demonstrated on record, after about 14 years, the Committee

has directed the petitioner to submit the caste certificate in proper

Form 'C'.

5. We direct the Committee in all matters presented before it

that when the proposal is being filed, the Committee should verify the

caste certificate being submitted in proper form so that the further

delay would be avoided.

6. The petitioner may appear before the Committee on 9 th

December 2021. The Committee shall thereafter dispose of the

proceeding within six months. The petitioner shall cooperate in

expeditious disposal of the proceeding.

7. The petitioner was considered for the promotion to the

post of Assistant Police Inspector under the order of Maharashtra

WP No. 12476/21

Administrative Tribunal though the validation proceedings were

pending and the petitioner was promoted as Assistant Police Inspector.

The Departmental Promotion Committee may consider the case of the

petitioner for provisional promotion only to the post of Police

Inspector ofcourse if the petitioner is otherwise eligible and the same

shall be the subject to the decision that would be delivered by the

Committee in Validation proceeding. The respondent employer shall

take steps depending upon the judgment that would be delivered by

the Committee in validation proceeding.

8. The writ petition is disposed of. No costs.

[ R.N. LADDHA, J. ]                     [S.V. GANGAPURWALA, J.]



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